dismissed
EB-1C
dismissed EB-1C Case: Management
Decision Summary
The appeal was summarily dismissed on procedural grounds. The petitioner failed to specifically identify any erroneous conclusion of law or statement of fact made by the director, which is required for an appeal. Despite stating an intention to submit a brief or additional information, the petitioner failed to do so for two years after filing.
Criteria Discussed
One Year Of Foreign Employment Qualifying Relationship Managerial Or Executive Capacity Failure To Identify Error On Appeal
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identifying data deleted to prevent clearly unwarranted invasion of personal privacy PUBLIC COpy DATE: SEP 0 7 2011 OFFICE: TEXAS SERVICE CENTER INRE: Petitioner: Beneficiary: u.s. Department of Homeland Security U. S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave. N.W., MS 2090 Washington, DC 20529ยท2090 U.S. Citizenship and Immigration Services PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(1)(C) ofthe Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(1)(C) ON BEHALF OF PETITIONER: SELF-REPRESENTED INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. If you believe the law was inappropriately applied by us in reaching our decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion to reopen. The specific requirements for filing such a request can be found at 8 C.F.R. ยง 103.5. All motions must be submitted to the office that originally decided your case by filing a Form I-290B, Notice of Appeal or Motion, with a fee of $630. Please be aware that 8 C.F.R. ยง 103.5(a)(l)(i) requires that any motion must be filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, Perry Rhew Chief, Administrative Appeals Office www.uscis.gov ... . DISCUSSION: The preference visa petition was denied by the Director, Texas Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be summarily dismissed. The petitioner is a Texas corporation that seeks to employ the beneficiary as its manager. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง 1153(b)(1)(C), as a multinational executive or manager. The director denied the petition based on three grounds of ineligibility: 1) the petitioner failed to establish that the beneficiary was employed abroad for at least one out of the three years prior to entering the United States as a nonimmigrant; 2) the petitioner failed to establish that it has a qualifying relationship with the beneficiary's foreign employer; and 3) the petitioner failed to establish that the beneficiary would be employed in the United States in a managerial or executive capacity. The petitioner submits an appeal stating that the director failed to consider the submitted documents. The petitioner also states that a brief and/or additional information would be submitted within 30 days in support of the appeal. To date, two years after the appeal was filed, the petitioner has not supplemented the record with additional evidence or information. Accordingly, the record will be considered complete as currently constituted. The regulation at 8 C.F.R. ยง 103.3(a)(l)(v) states, in pertinent part: An officer to whom an appeal is taken shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.c. ยง 1361. Inasmuch as the petitioner has failed to identify specifically an erroneous conclusion of law or a statement of fact in this proceeding, the petitioner has not sustained that burden. Therefore, the appeal will be summarily dismissed. ORDER: The appeal is summarily dismissed.
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